Court Enforces Malpractice Settlement 
By Deborah Elkins
Published: May 15, 2012
Tags: Contract, Judge James R. Spencer, U.S. District Court - Eastern District
In this litigation arising from the sale and purchase of two companies, including a legal malpractice action against a lawyer who represented plaintiffs, a Richmond U.S. District Court will not enforce a purported settlement agreement between the business litigants, as defendants added a “subject to full execution and release” clause after a settlement conference with [...]
Court Enforces Malpractice Settlement
By Deborah Elkins
Published: May 14, 2012
Tags: Contract, Judge James R. Spencer, U.S. District Court - Eastern District
In this litigation arising from the sale and purchase of two companies, including a legal malpractice action against a lawyer who represented plaintiffs, a Richmond U.S. District Court will not enforce a purported settlement agreement between the business litigants, as defendants added a “subject to full execution and release” clause after a settlement conference with [...]
Arbitration Award Subject to Res Judicata
By Deborah Elkins
Published: May 8, 2012
Tags: Contract, Judge Thomas D. Horne, Loudoun County Circuit Court, Virginia Circuit Courts
A Loudoun County Circuit Court reconsiders its earlier denial of a motion to stay arbitration in this litigation over a contract involving road construction, and grants defendant’s motion to stay arbitration proceedings; under Va. Code § 8.01-581.012, a judgment confirming an arbitration award is to be treated like any other judgment, including the application of [...]
No Fraud Claim On Builder’s Contract
By Deborah Elkins
Published: May 8, 2012
Tags: Accomack County Circuit Court, Contract, Judge Leslie L. Lilley, Virginia Circuit Courts
The Accomack Circuit Court applies the “source of duty rule” and says a couple who alleges defendant contractor drew payment but never finished building their new home, may sue for breach of contract, but not for fraudulent inducement.
The fraud count alleges the contractor demanded and received an advance of $63,340. Plaintiffs allege the contractor did [...]
No Third-Party Liability for Realty Company
By Deborah Elkins
Published: May 8, 2012
Tags: Contract, Judge Leonie Brinkema, U.S. District Court - Eastern District
The guardians of a couple seriously injured in a vehicular accident with a Long and Foster real estate salesman cannot recover from the real estate company on a theory that the couple are third-party beneficiaries of contracts that required the salesman to carry a minimum level of auto liability coverage; the Alexandria U.S. District Court [...]
State will pay $2.4M to settle fraud claims
By Peter Vieth
Published: May 8, 2012
Tags: Contract, Million-Dollar Settlements, Roanoke County Circuit Court
The commonwealth of Virginia will pay $2.4 million to settle claims of 73 former nursing students who said they were misled about the credentials of a community college nursing program.
The nursing students all were enrolled at Virginia Western Community College in Roanoke where school officials continued to claim the school had national accreditation for a [...]
Assignment of accounts receivable allowed by arbitrator – $766,745 Arbitration Award
By Virginia Lawyers Weekly
Published: May 7, 2012
Tags: Contract
The U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives awarded Drayton, Drayton & Lamar Inc. a contract to provide services to the Federal Explosives Services Division and the Arson & Explosives Programs Division.
Subsequently, Labat-Anderson Inc. entered into a subcontract with Drayton for work on the prime contract. Labat performed its obligations under the subcontract. Drayton [...]
‘Best Value’ Public Contract Challenged
By Deborah Elkins
Published: May 1, 2012
Tags: Contract, Justice Elizabeth A. McClanahan, Supreme Court of Virginia
A company that wanted to provide janitorial services to a public school system may sue the school board under the Virginia Public Procurement Act, Va. Code § 2.2-4300, in a complaint challenging the board’s application of a “best value” approach to awarding the contract in lieu of awarding the contract to the “lowest responsive and [...]
Sub Can’t Sue as Third-Party Beneficiary
By Deborah Elkins
Published: May 1, 2012
Tags: Contract, Justice Cleo E. Powell, Supreme Court of Virginia
A sub-subcontractor who has not been paid for asbestos abatement during demolition of a facility owned by a Portsmouth housing authority cannot sue the developer on the project as a third-party beneficiary of the developer’s contract with the authority, and the Supreme Court of Virginia affirms dismissal of the suit.
A developer contracted with a contractor [...]
Former DynCorp employee entitled to full retention payment – $5,081,622 Verdict
By Virginia Lawyers Weekly
Published: April 23, 2012
Tags: Contract, Employment, Fairfax County Circuit Court, Judge Bruce D. White, Million-Dollar Verdicts
Phoenix Consulting Group was bought by DynCorp in October 2009. The owner of Phoenix Consulting Group wanted to give a large bonus from the proceeds of the sale to the president of Phoenix, Col. Gerald York. DynCorp required the owner to provide most of the bonus in the form of a retention agreement to ensure [...]
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